Untitled Texas Attorney General Opinion ( 1948 )

X%E A'ITORNEY GENERAL
OF TEXAS
Auwrm 11. TExAe
PRICE DANIEL
AiTORNEY GENERAL
May 12, 1948
Mr. Gordon H. Lloyd opinion No. v-570
Executive Secretary
Employees Retirement System Re: Eliglbillty of en-
Austin, Texas ployees of the San
Jaclnto Museum of
History Association
to be members of the
Bmployees Retirement
System of Texas.
Dear hr. Lloyd:
Your request for an opinion of this department
ij as follows:
“iPlease adv$.se if, in your opinion,
the employees of the San Jacinto Museum
of History Association are ell ible for
membership with the Brployeea Sfetirement
,System of Texas. These employees are en-
gaged for the purpose of maintain1 and
operating the San Jaclnto Memorial 3 onu-
ment and Museum.”
Section 62(a) of Article 16 of the State Con-
stitution provides, in part, that:
‘The Lsgislaturs shall have the
right’ to levy taxes to provide .a Re-
tirement, Disabilltg, and Death Cor-
pensation Rnxlfor the aooolntive of-
ficers and ml Y s of the State; . .”
WaPhasis a&ed’tgoughout)
The Act assed by the 50th Legislature to
carry Sectlon 62(a P of Article 16 of the Constitution
into effect Is codified in Vernon’s’Clvll Statutes a8
Article 622%. The following are pertinent provisions
of that Act:
“Section 1 . . .
“B . ‘Department’ sF;;trtan any
denartment commlsslon. i s Ion. oy
-
-_-
b. Gordon H. Lloyd, page 2 (w-570)
atzency of the State Goknment.
“‘2. ‘&gployee t rhall mean any re-
gularly anoointed officer or emulosee in
a dewrtmsnt of. ,the State . . .
“D, . ‘Employer I shall mean the &&
of Texas. *
We quote a part of Senate Concurrent Resolu-
tion No. 535 of the 50th Legislature:
“Whereas, The San Jaclnto Museum
of Hlstorv Association. an ornanization
of patriotic Texans, under ooikract with
the Board of. Control entered into pursu-
ant to Senate Concurrent Resolution Ro.
21 of the 46th Lenlslature, and also DUF-
suant to ,Senate CkcurrentVRedolutlon‘Ro.
1.8 of the 47th Legislature, and also pur-
suant to Senate Conc,urrent Resolution No.
4, passed by the Regular Seasion of the
49th LegiaLature oft Texas in 1945, has
had the oare, cuetody and control of the
San Yaclnto Memorial Monument and Tower
on the San Saclnso Battlefield linoe the
memorial bower was opened generally to
the public on April 21, 1939; ,has main-
tained and operated the same; and the
elevator therein, and the muse- in the
base thereof, with funds raised by pub-
lic subscription making a small charge
for the use of the elevator and the,sale
of souvenlrs,in and about aaid Memorial
Tower, all without cost or e,x@enss to
the State of Texar; and . . .
“Resolved, By the Senate and House
of Reuresentatives concurring. that the
State Board of Control be authorized to
enter into a contract with the San Jacin-
to Museum of Histora Association, where-
by the care, custody and control of the
San Jacinto Memorial Tower will be iven
to and continue in the San Jacinto iiuseum
of History.Assooiation until otherwise
provided by the Legislature, to be main-
talned in good order by said Association
without charge to the btate of Texas,
-..
-- z
Mr. Gordon H. Lloyd, page 3’ (v-570)
and requiring the Association to make no
charge to the public for entering said;
buildingor museum; and, be It further
“Resolved, That said contract shall
provide that the San Jacinto Museum of
History Association, sub&ot to the ap-
proval of the Board of Control, shall
have authority to sell souvenirs and
operate a concession in and about said
building and to make a reasonable charge,
approved by the Board of Control, for
the use of the elevator to the observa-
tion floor of the Memorial Tower; . . .’
The agreement or contract between the Museum
Association and the Board of Control provided, in part,
as follows:
“This Memorandumof Agreement made
“Whereas, the 50th Legislature, by
Senate Concurrent Resolution Ro. 35,
authorized the State Board of Control
to enter Into ‘a contract with.thg San
Jac1nt.o Museum of.History Assoaitttlonc
as r0il0ws: . . :+
To be eligible to participate in the hployees
Retirement System benefits, a person must be an entnl YW
of the State of Texas. “Employee” has been defined ion
the Retirement Act as ‘any regularly appointed officer
or emvloyee in a deoartment of the State . .” “De-
partment” has been defined in the Act as ‘any de artment
commission, institution or agency of the State-:
Clearly, the San Jac1nto Museum of El Association is
not a department within the provisiox$?Artiole 6228a.
It Is a corporation incorporated under the laws of our
State. The employees of the Association are not employees
of the State but of the Association itself, The contract
between the Association and the State Board of Control,
Mr. Gordon H. Lloyd, page 4 (V-570)
entered into pumuant to authority given in Senate Con-
current Resolution Ro. 35 of the 50th Legislature, does
not make the employees of the Association employees of
the Board of Control.
They are hot eligible, therefore, for member-
ship in the Employees Retirement 8ysten.
Employees of the San Jacinto Museum
of History Association are not employees
of the State and therafore are not eligl-
ble for membership in the $mployees Re-
tirement 8ysten of Texas under the provi-
sions of the present Act, Art, 622&, V.
c. s.
Yourm very truly,
ATTORWWC
GBEEEALOF TEEA.
CBK:mv